Oregon 2021 Regular Session Status: Enacted

SB 295 — Relating to fitness to proceed; and declaring an emergency.

Last action — Effective date, June 23, 2021.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 11, 2021. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Defines terms related to fitness to proceed. Reorganizes and restructures statutes related to fitness to proceed. Modifies procedures and criteria for committing defendant charged with felony to state mental hospital or other facility in order to gain or regain fitness to proceed. Requires court to find that defendant requires hospital level of care due to public safety concerns or acuity of symptoms of defendant's mental disorder, and that appropriate community restoration services are not provided. Modifies procedures and criteria for committing defendant charged with misdemeanor to state mental hospital or other facility in order to gain or regain fitness to proceed. Requires either recommendation from certified evaluator that defendant requires hospital level of care and statement from community mental health program director concerning available community restoration services, or for court to make certain findings concerning acuity of defendant's symptoms, public safety concerns and whether appropriate community restoration services are provided. Modifies procedures when circumstances authorizing commitment of defendant no longer exist. Provides that if defendant is charged with felony, superintendent of state mental hospital or director of facility to which defendant is committed may notify court when hospital level of care is no longer necessary. Requires superintendent or director to notify court when specified circumstances have changed for defendant charged with misdemeanor. Authorizes community mental health program director to notify court if community restoration services become available for committed defendant charged with felony or misdemeanor. Provides that documents related to involuntary medication of defendant are confidential and may be made available only to specified parties. Declares emergency, effective on passage.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 295 on the official Oregon source →

Action History

  1. Effective date, June 23, 2021.

  2. Chapter 395, 2021 Laws.

  3. Governor signed.

  4. Speaker signed.

  5. President signed.

  6. Senate concurred in House amendments and repassed bill.

  7. Third reading. Carried by Morgan. Passed.

  8. Rules suspended. Carried over to June 7, 2021 Calendar.

  9. Rules suspended. Carried over to June 3, 2021 Calendar.

  10. Second reading.

  11. Recommendation: Do pass with amendments and be printed B-Engrossed.

  12. Work Session held.

  13. Work Session held.

  14. Work Session held.

  15. Returned to Full Committee.

  16. Public Hearing held.

  17. Assigned to Subcommittee On Civil Law.

  18. Referred to Judiciary.

  19. First reading. Referred to Speaker's desk.

  20. Vote explanation(s) filed by Heard.

  21. Third reading. Carried by Prozanski. Passed.

  22. Second reading.

  23. Recommendation: Do pass with amendments. (Printed A-Eng.)

  24. Work Session held.

  25. Work Session held.

  26. Public Hearing held.

  27. Public Hearing held.

  28. Referred to Judiciary and Ballot Measure 110 Implementation.

  29. Introduction and first reading. Referred to President's desk.

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 0 co-sponsors · 90 not signed on · 3 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (90)

90 members have not signed on to this bill.

Show all 90 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Senate concurred in House amendments and repassed bill.

Passed 29 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14100
Democrat 11000
Republican 4000
Total 29100
% of votes cast 97%3%0%0%
How each member voted (30)
Member Party Vote
Betsy Johnson — Yea
Bill Hansell — Yea
Bill Kennemer — Yea
Brian Boquist — Yea
Chuck Riley — Yea
Chuck Thomsen — Yea
Dallas Heard — Nay
Dennis Linthicum — Yea
Elizabeth Steiner Hayward — Yea
Ginny Burdick — Yea
Lee Beyer — Yea
Lynn Findley — Yea
Michael Dembrow — Yea
Peter Courtney — Yea
Tim Knopp — Yea
Chris Gorsek Democrat Yea
Deb Patterson Democrat Yea
Floyd Prozanski Democrat Yea
James Manning Jr. Democrat Yea
Jeff Golden Democrat Yea
Kate Lieber Democrat Yea
Kathleen Taylor Democrat Yea
Kayse Jama Democrat Yea
Lew Frederick Democrat Yea
Rob Wagner Democrat Yea
Sara Gelser Blouin Democrat Yea
Dick Anderson Republican Yea
Fred Girod Republican Yea
Kim Thatcher Republican Yea
Noah Robinson Republican Yea

Official roll call →

Third reading. Carried by Morgan. Passed.

Passed 57 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 20001
Republican 13001
Unaffiliated 24001
Total 57003
% of votes cast 95%0%0%5%
How each member voted (60)
Member Party Vote
Lily Morgan — Yea
Andrea Salinas — Yea
Anna Williams — Yea
Barbara Smith Warner — Yea
Bill Post — Yea
Brad Witt — Yea
Brian Clem — Yea
Courtney Neron — Yea
Dan Rayfield — Yea
Duane Stark — Yea
Gary Leif — Yea
Jack Zika — Yea
Janelle Bynum — Yea
Jeff Reardon — Yea
Karin Power — Yea
Marty Wilde — Yea
Maxine Dexter — Yea
Mike Nearman — Not Voting
Paul Holvey — Yea
Rachel Prusak — Yea
Raquel Moore-Green — Yea
Ron Noble — Yea
Sheri Schouten — Yea
Teresa Alonso Leon — Yea
Tina Kotek — Yea
Andrea Valderrama Democrat Yea
Dacia Grayber Democrat Not Voting
David Gomberg Democrat Yea
Janeen Sollman Democrat Yea
Jason Kropf Democrat Yea
John Lively Democrat Yea
Julie Fahey Democrat Yea
Ken Helm Democrat Yea
Khanh Pham Democrat Yea
Lisa Reynolds Democrat Yea
Mark Meek Democrat Yea
Nancy Nathanson Democrat Yea
Pam Marsh Democrat Yea
Paul Evans Democrat Yea
Ricki Ruiz Democrat Yea
Rob Nosse Democrat Yea
Sue Rieke Smith Democrat Yea
Susan McLain Democrat Yea
Tawna Sanchez Democrat Yea
Wlnsvey Campos Democrat Yea
Zach Hudson Democrat Yea
Bobby Levy Republican Yea
Boomer Wright Republican Yea
Cedric Hayden Republican Not Voting
Christine Drazan Republican Yea
Daniel Bonham Republican Yea
David Brock Smith Republican Yea
E. Werner Reschke Republican Yea
Jami Cate Republican Yea
Kim Wallan Republican Yea
Mark Owens Republican Yea
Rick Lewis Republican Yea
Shelly Boshart Davis Republican Yea
Suzanne Weber Republican Yea
Vikki Breese-Iverson Republican Yea

Official roll call →

Third reading. Carried by Prozanski. Passed.

Passed 27 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 13101
Democrat 11000
Republican 3001
Total 27102
% of votes cast 90%3%0%7%
How each member voted (30)
Member Party Vote
Betsy Johnson — Not Voting
Bill Hansell — Yea
Bill Kennemer — Yea
Brian Boquist — Yea
Chuck Riley — Yea
Chuck Thomsen — Yea
Dallas Heard — Nay
Dennis Linthicum — Yea
Elizabeth Steiner Hayward — Yea
Ginny Burdick — Yea
Lee Beyer — Yea
Lynn Findley — Yea
Michael Dembrow — Yea
Peter Courtney — Yea
Tim Knopp — Yea
Chris Gorsek Democrat Yea
Deb Patterson Democrat Yea
Floyd Prozanski Democrat Yea
James Manning Jr. Democrat Yea
Jeff Golden Democrat Yea
Kate Lieber Democrat Yea
Kathleen Taylor Democrat Yea
Kayse Jama Democrat Yea
Lew Frederick Democrat Yea
Rob Wagner Democrat Yea
Sara Gelser Blouin Democrat Yea
Dick Anderson Republican Yea
Fred Girod Republican Yea
Kim Thatcher Republican Not Voting
Noah Robinson Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 295 do?
Defines terms related to fitness to proceed. Reorganizes and restructures statutes related to fitness to proceed. Modifies procedures and criteria for committing defendant charged with felony to state mental hospital or other facility in order to gain or regain fitness to proceed. Requires court to find that defendant requires hospital level of care due to public safety concerns or acuity of symptoms of defendant's mental disorder, and that appropriate community restoration services are not provided. Modifies procedures and criteria for committing defendant charged with misdemeanor to state mental hospital or other facility in order to gain or regain fitness to proceed. Requires either recommendation from certified evaluator that defendant requires hospital level of care and statement from community mental health program director concerning available community restoration services, or for court to make certain findings concerning acuity of defendant's symptoms, public safety concerns and whether appropriate community restoration services are provided. Modifies procedures when circumstances authorizing commitment of defendant no longer exist. Provides that if defendant is charged with felony, superintendent of state mental hospital or director of facility to which defendant is committed may notify court when hospital level of care is no longer necessary. Requires superintendent or director to notify court when specified circumstances have changed for defendant charged with misdemeanor. Authorizes community mental health program director to notify court if community restoration services become available for committed defendant charged with felony or misdemeanor. Provides that documents related to involuntary medication of defendant are confidential and may be made available only to specified parties. Declares emergency, effective on passage.
What is the current status of SB 295?
This bill has been enacted into law. Introduced January 11, 2021. Enacted.
Where can I track SB 295?
Track SB 295 free on One Click Politics — get push/email alerts when it moves.

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